Breach of the Duty of Care AO1

What must C prove?

That D has breached their duty of care

What is an objective standard?

• Comparing D to a reasonable person- if they would have acted in the same way

• A reasonable persons pov (Blyth)

What did Wells v Cooper set?

If D is skilled (builder etc) they are judged against the standard of a reasonable person in that trade

What did Bolam set?

Professionals are judged against other professionals (eg doctors)

Does D’s conduct fall below the expected standards?

What did Nettleship set?

Learners/inexperienced drivers are held to a higher standard- they are judged against the standard of a qualified driver

Standard of children (Mullins)?

Children are expected to reach the standard of other children

Mullins- the 15 year old had acted in an expected way of another 15 year old